

[Federal Register: October 23, 2006 (Volume 71, Number 204)]
[Notices]               
[Page 62142-62143]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc06-92]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54610; File No. SR-NYSE-2006-84]

 
Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Relating to the Pilot To Put Into Operation Certain Rule Changes 
Pending Before the Securities and Exchange Commission to Coincide With 
the Exchange's Implementation of Phase 3 of the NYSE HYBRID MARKETSM

 October 16, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on October 13, 2006, the New York Stock Exchange LLC (``NYSE'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I and 
II below, which Items have been prepared by the Exchange. NYSE filed 
the proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ 
and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposed rule 
change effective upon filing with the Commission. The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    NYSE proposes to make a technical amendment to Rule 104.10(6)(P3) 
which was part of the pilot (``Pilot'') \5\ to put into operation 
certain rule changes pending before the Commission to coincide with the 
Exchange's implementation of Phase 3 of the NYSE HYBRID 
MARKETSM (``Hybrid Market'').\6\ The Exchange further 
proposes to add a security to those operating under the Pilot that are 
identified in Exhibit 3 of the Pilot filing. The text of the proposed 
rule change is available on the Exchange's Web site (http://www.nyse.com), at 

the Exchange's Office of the Secretary, and at the Commission's Public 
Reference Room.
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    \5\ See Securities Exchange Act Release No. 54578 (October 5, 
2006), 71 FR 60216 (October 12, 2006).
    \6\ See Securities Exchange Act Release No. 53539 (March 22, 
2006), 71 FR 16353 (March 31, 2006).
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II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The self-regulatory organization has prepared summaries, 
set forth in Sections A, B, and C below, of the most significant 
aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

 1. Purpose
    On October 5, 2006, the Exchange proposed a Pilot to, among other 
things, make operative certain proposed modifications to Exchange Rules 
that are the subject of pending rule filings \7\ before the Commission 
to coincide with the Exchange's implementation of Phase 3 of the Hybrid 
Market. The Pilot commenced following Commission approval, on October 
5, 2006 and is scheduled to terminate at the close of business on 
October 31, 2006.
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    \7\ See Securities Exchange Act Release Nos. 54504 (September 
26, 2006), 71 FR 57011 (September 28, 2006) (proposing to amend the 
specialist stabilization requirements set forth in Exchange Rule 
104.10) (``Stabilization Filing''); 54520 (September 27, 2006), 71 
FR 57590 (September 29, 2006) (proposing to amend several Exchange 
Rules to clarify certain definitions and systemic processes) 
(``Omnibus Filing''); and SR-NYSE-2006-73 (filed on September 13, 
2006) (proposing to amend Exchange Rule 127 which governs the 
execution of a block cross transaction at a price outside the 
prevailing NYSE quotation) (``Block Cross Filing'').
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    Through this filing the Exchange seeks to make a technical 
amendment to Rule 104.10(6)(P3). Specifically, pursuant to the Pilot, 
in order to eliminate possible confusion as to which Exchange Rules or 
sections apply to the securities operating pursuant to the Pilot 
(``Pilot securities''),\8\ the Exchange identified the rules 
operational during the Pilot with a ``P3.'' A typographical error 
identified subparagraph (iv) under Exchange Rule 104.10(6)(P3) with a 
``P4.'' As a result, that subparagraph currently appears as follows:
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    \8\ Phase 3 Pilot Securities are also posted on the Exchange's 
Web site.
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    (iv)(P4) Re-entry Obligations for Conditional Transactions:
    The Exchange seeks to delete the number ``4'' after the letter 
``P'' and replace it with the number ``3'' in order accurately reflect 
that subparagraph's inclusion in the Pilot.
    The Exchange further seeks to add a security to the Pilot 
securities. The Exchange identified the specific securities included in 
the Pilot securities in the form of an Exhibit 3 to the Pilot filing. 
Included in the Pilot securities was Agilent Technologies, Inc. which 
is traded on the Exchange under the stock symbol ``A.'' On or about 
October 16, 2006, Agilent will distribute the results of a spin-off. 
Anyone who purchases the stock after the distribution date would not be 
entitled to the distribution. Accordingly, on Monday, October 16, 2006, 
Agilent stock in an ``ex-distibution'' form will begin trading on the 
Exchange under the stock symbol ``A.WD.'' A.WD will trade at the same 
post and panel as Agilent. Given the relationship between Agilent and 
A.WD stock, the Exchange requests to have A.WD included in the Pilot 
securities.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act \9\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act \10\ in particular, in that it 
is designed to promote just and equitable principles of trade, to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system, and, in general, to protect 
investors and the public interest. The Exchange believes that the 
proposed rule change is also designed to support the principles of

[[Page 62143]]

Section 11A(a)(1) of the Act \11\ in that it seeks to assure 
economically efficient execution of securities transactions.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ 15 U.S.C. 78k-1(a)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received written comments on 
the proposed rule change.\12\
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    \12\ The Commission notes that it has received comments on the 
Omnibus Filing and the Stabilization Filing.
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III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
by its terms, become operative for 30 days from the date on which it 
was filed, or such shorter time as the Commission may designate if 
consistent with the protection of investors and the public interest, it 
has become effective pursuant to Section 19(b)(3)(A) of the Act \13\ 
and Rule 19b-4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may 
not become operative prior to 30 days after the date of filing. 
However, Rule 19b-4(f)(6)(iii) \15\ permits the Commission to designate 
a shorter time if such action is consistent with the protection of 
investors and the public interest. The Exchange has requested that the 
Commission waive the five-day pre-filing requirement and the 30-day 
operative delay and designate the proposed rule change immediately 
operative upon filing. The Commission is exercising its authority to 
waive the five-day pre-filing requirement and believes that waiver of 
the 30-day operative delay is consistent with the protection of 
investors and the public interest. Specifically, the Commission 
believes that the correction of the rule reference as a Pilot rule 
should provide clarity as to which rules are applicable to the Pilot 
securities. Further, the Commission believes that adding A.WD as a 
Pilot security is appropriate so that it and its related security, A, 
are traded in a similar manner on the Exchange. Accordingly, the 
Commission designates the proposal to be effective and operative upon 
filing with the Commission.\16\
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    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily abrogate such proposed rule change 
if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to rule-comments@sec.gov. Please include 

File Number SR-NYSE-2006-84 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NYSE-2006-84. This 
file number should be included on the subject line if e-mail is used. 
To help the Commission process and review your comments more 
efficiently, please use only one method. The Commission will post all 
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, 

all written statements with respect to the proposed rule change that 
are filed with the Commission, and all written communications relating 
to the proposed rule change between the Commission and any person, 
other than those that may be withheld from the public in accordance 
with the provisions of 5 U.S.C. 552, will be available for inspection 
and copying in the Commission's Public Reference Room. Copies of such 
filing also will be available for inspection and copying at the 
principal office of the Exchange. All comments received will be posted 
without change; the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File Number SR-NYSE-2006-84 and should be submitted on or before 
November 13, 2006.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-17673 Filed 10-20-06; 8:45 am]

BILLING CODE 8011-01-P
